On Several Legal Problems About Making Easement Contracts

Since easement was adopted in the Roman Law, it has played an important role in the development of Roman. As the land resource is becoming rare day by day and the relations of land use are increasingly complex, easement is given more attention by countries of both Civil Law and Common Law System, because of its unique right structural pattern and powerful function effect. In our country, the Real Right Law which was enacted in March 2007 includes the easement system for the first time. How should we make use of these regulations in the process of making easement contracts? This is the most significant aspect to carry out the functions of easement.Besides Preface and Conclusion , this dissertation is divided into 4 chapters as follows:Chapter 1 mainly discusses the general theory of easement. Firstly, it introduces the evolution of easement, then comes to the concept and characters of easement. Secondly, it expounds the traditional functions of easement and its developing value.Chapter 2 chiefly dissertates the essential requirements to be capable of being easement. And the essential requirements will be classified into the substantive items and the form items.Chapter 3 primarily probes into the problems occurring in the process of making easement contracts. For example, can an easement be a right over his own land ? Is public easement regulated in the Real Right Law of our country? How should we decide the extent of an easement? The effectiveness of the clause that put positive obligations on the dominant land user? Can a party of a contract vests the interest of easement in the third party? The effectiveness of easement without the consent of the lessee or the security interest holder? The effectiveness of excluding applicability of adjacent relations by contract? Is the right created by contract an easement or a creditor's right?Chapter 4 hopefully gives some constructive opinions for the soon releasing law of Judicial Interpretation of the Real Right Law of our country, on the ground of the above analysis.